HB 989 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0989-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to appointment of courtroom animal 2
advocates; creating s. 828.035, F.S.; authorizing a 3
court to order that a separate advocate be appointed 4
in the interests of justice for certain civil and 5
criminal proceedings regarding an animal's welfare or 6
custody; providing that a judge's decision denying an 7
appointment is not subject to appeal; authorizing an 8
appointed advocate to take certain actions invol ving 9
the proceedings; providing requirements for an 10
individual to serve as an advocate; providing an 11
effective date. 12
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Be It Enacted by the Legislature of the State of Florida: 14
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Section 1. Section 828.035, Florida Statutes, is created 16
to read: 17
828.035 Courtroom animal advocates. — 18
(1) In any prosecution or other court proceeding under s. 19
413.081, s. 843.19, or this chapter or in any civil or criminal 20
proceeding regarding the welfare or custody of an animal, the 21
court may order, upon its own initia tive or upon the request of 22
a party or counsel for a party, that a separate advocate be 23
appointed to represent the interests of justice. If a court 24
orders that an advocate be appointed to represent the interests 25
HB 989 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0989-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of justice, the court must appoint such an a dvocate who meets 26
the requirements of subsection (3). A decision by the court 27
denying a request to appoint a separate advocate to represent 28
the interests of justice is not subject to appeal. 29
(2) An advocate appointed by the court pursuant to 30
subsection (1) may do all of the following: 31
(a) Monitor the case. 32
(b) Consult any individual who has information that could 33
aid the judge or finder of fact and review records relating to 34
the condition of the animal and the defendant's actions, 35
including, but not l imited to, records from animal control 36
officers, veterinarians, and police officers. 37
(c) Attend hearings. 38
(d) Present information or recommendations to the court 39
pertinent to determinations that relate to the interests of 40
justice, provided such informa tion and recommendations are based 41
solely upon the duties authorized pursuant to this subsection. 42
(3) To serve, on a voluntary basis, as an advocate under 43
this section, an individual must be an attorney with knowledge 44
of animal issues and the legal syste m or a law school student 45
who has an interest in animal issues and the legal system and 46
who is certified by the Florida Supreme Court as a certified 47
legal intern in this state. 48
Section 2. This act shall take effect July 1, 2023. 49